2009-03-11 Board of Ethics Minutes

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NICHOLSON: Three out of four. GENTRY: Three out of four today. LUM: Three out offour. I think it's two - thirds of the Board, though, yeah. So we will close the hearing, and I think then we have to move into Executive Session, right? SCHOEN: I think we're just closed. LUM: You think we're in? Okay. We think we're there. 10:22 a.m.: Executive Session was entered. 11:06 a.m.: Regular Session was reentered. 6. UNFINISHED BUSINESS a. Update n the status of amending the Board's Rules of Practice and Procedure regarding the imposition of administrative fines pursuant to Ordinance 08 -57. b. Counsel's report on the status of Senate Bills 1128 and 531 and House Bill 626, pending before the legislature regarding administrative fines. Ms. Schoen reported that the legislative bills she was tracking-died yesterday. She spoke to Chuck Totto, the attorney for the Honolulu Ethics Commission, and he believed the bills died because they were improperly worded. He is trying to find a way to resurrect the bills but believes it will be difficult and will keep her informed. If he cannot resurrect them, he will try again next year. Because these bills died, it will be necessary to have a County agency created to hear appeals of fines the Board may issue. Mr. Totto mentioned that his commission recently created such an agency, so they will share ideas on how it should be done. One of the difficulties is getting people appointed to an agency which may never get to actually hear an appeal. Ms. Lum asked whether the appeals agency could be tacked onto another County agency, and Ms. Schoen said she will look into that. It would make sense to place it with another agency that already conducts Chapter 91, Hawaii Revised Statutes, hearings. She will discuss the appropriate procedure with her office. Ms. Lum said she was confused as to why they needed to wait for the State on the appeal matter. Ms. Schoen explained that the bills which died in the State legislature would have 10