2008-11-12 Board of Ethics Minutes

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finding of a violation. A member could move to issue a fine at that meeting, and it could be discussed and voted upon. The Chair asked what needed to be done to formalize the whole procedure, and Ms. Nicholson said they needed to see what the written rule would look like. She suggested the fine issue be a separate, stand -alone rule rather than a part of the formal opinion section. Ms. Schoen explained that they would need to publish the proposed rule changes in the newspaper and set a public hearing so interested people could give testimony. After the public hearing, the Board could adopt the proposed rules. Council approval would not be needed. The Board members discussed whether the administrative fine rule should be a separate section, or whether it should be incorporated into the existing Rule 7. They decided to incorporate it into Rule 7 so that it would become an action after issuance of a formal opinion. Ms. Schoen suggested placing it after Rule 7.2, which deals with officers and employees. Ms. Lum asked if it could be called Rule 7.3, and Ms. Schoen said yes. The rule would need to state that an employee or officer as defined by the Code could also be subject to an administrative fine. The definition of employee /officer would need to be included, because the rule cannot apply to civil servants due to their union status. The Chair requested that the final draft be included in their packets for the December meeting, so that the public meeting could possibly be held in January. Ms. Schoen said she will put the draft together and will also include grammatical corrections as well as updated references to the Charter and Code. b. Ongoing discussion on the Sunshine Law. There was nothing new to discuss here. Motion and vote: Ms. Nicholson moved to enter Executive Session for review of confidential financial disclosures. Ms. Lum seconded the motion and all members voted aye. _ Executive Session was entered into at 10:38 a.m., and the Board returned to Regular Session at 10:50 a.m. to vote on the confidential financial disclosures. 7. EXECUTIVE SESSION (separate minutes prepared) Motion and vote: Ms. Gentry moved to accept and file confidential financial disclosures numbered 1, 2, 4, and 5 and to return number 3 for further information. Ms. Lum seconded the motion, and all members voted aye. 8. ANNOUNCEMENTS The Chair announced that the next meeting was scheduled for December 10, 2008, at 10:00 a.m. at the same location (the Department of Liquor Control's conference room at 101 Aupuni Street, Suite 230, Hilo). .