2009-02-11 Board of Ethics Minutes

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noted that the State Ethics Commission has a good instruction sheet which could be used as a sample. Ms. Schoen proposed that the Board amend its instruction sheet or disclosure form to make the process more understandable for everyone. She could then check with the County Clerk to get his input and approval. Ms. Nicholson suggested combining the instructions and the disclosure form into one document, even though it might mean more paper. It would be good if the instruction for each item was incorporated next to that item on the form. Ms. Schoen said that was a good suggestion. The Board agreed to wait for Ms. Schoen's drafts. 6. UNFINISHED BUSINESS a. Update on the status of amending the Board's Rules of Practice and Procedure regarding the imposition of administrative fines pursuant to Ordinance 08 -57. b. Discussion on Board's position, if any, on Senate Bills 1128 and 531, and House Bill 626, pending before the legislature regarding administrative fines. Ms. Schoen reported that there are two senate bills and one house bill that are alive on the issue of administrative fines. She had recently contacted their Chair to suggest postponing the public notice and hearing on the Board's rule changes until the legislature rules on these bills, since they may affect their rules. The Chair stated that he would like the Board to submit testimony in support of the two senate bills, and Ms. Schoen said that the bills were at the committee level and were not yet set for hearing. However, she would prepare testimony for the Chair to sign. She noted that Kauai and Maui counties were also in support but had not yet submitted testimony. Ms. Nicholson asked whether either of the bills relate to the appeals process, and Ms. Schoen said yes, and that she was changing her "no" answer from the previous meeting regarding whether an appeals entity would be needed. Based on how the law is written now, her answer is yes, a County agency or department would need to be created or designated to review BOE decisions. If the bills do not pass on that provision, this will remain the case, because it is existing law. The Chair said since he is following other bills, he will try and track these as well and that if it was okay with everyone, he would sign off on the testimony on BOE letterhead. Ms. Schoen said that she discussed the administrative fines issue and the pending bills with several attorneys in her office, and some felt an appeal process was not necessary because people could appeal to the Circuit Court. Other attorneys believed a separate appeal agency was needed, and the more she studies the issue, the more she believes that is the case. There are three 4