2009-08-12 Board of Ethics Minutes

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a. Communication No. 2009 -041: Memo dated 712109 to the Office of Information Practices and the Board of Ethics re "Violations of Hawai `i's Sunshine Laws, Filing of Civil Action against the Members of the Hawai `i County Board of Ethics, and the County of Hawai `i, et al., in the 91h U.S. Court of Appeals for violations of 42 U.S. C. §1986, 42 U.S. C. §1983, 42 U.S. C. §1985. " Motion and vote: Ms. Lum moved to accept and file the communication, and Ms. Nicholson sccondcd the motion. Thcy and the Chair voted aye. b. Communication No. 2009 -042: Memo dated 717109 to the Board of Ethics and the FBI re "Violations by the Hawai `i County Board of Ethics, of Hawai `i County Board of Ethics RULE 4.13 Con identiality, in violation of 18 U.S. C. §3 Accessory after the fact, to RICO Act violations of 18 U.S.C. §1512 Tampering with a witness, Victim, or an informant. " Motion and vote: Ms. Nicholson moved to accept and file the communication, and Ms. Lum seconded the motion. They and the Chair voted aye. C. Communication No. 2009 -046: Letter from Charles Totto of the City and County of Honolulu Ethics Commission dated 7110109 to the Hawai `i County, Maui County, and Kauai County Board of Ethics, regarding "State Legislation to Clarify County Ethics Agencies' Power to Impose Civil Fines, S.B. No. 531 (and 128) and H.B. No. 626. Ms. Schoen reported that she had spoken with Mr. Totto a few times and informed him that in the past the Board had agreed to support the legislation. He was aware that the Hawaii County Council passed an ordinance to allow the Board to impose fines. She said that the Board had adopted a rule but still needed to deal with the second issue, which involved creating a County agency to hear appeals, which is what Mr. Totto's bills dealt with. Ms. Schoen said the Board could support the legislation by writing letters to the House and Senate, as well as their representatives. The Board could also ask the Council to pass a resolution in support. It would be up to the Board on how they wanted to support the bills. The Board members noted that the current County Council has several different members from when the fine ordinance was passed, and decided they would prefer to write letters in support of the legislation. Motion and vote: Ms. Lum moved that the Board, in response to Mr. Totto's letter regarding the imposition of civil fines and the pending Senate Bills and House Bill, draft letters for both the House and Senate in support of the legislation. Ms. Nicholson seconded the motion, and all members present voted aye. Motion and vote: Ms. Lum moved to accept and file Communication No. 2009 -46. Ms. Nicholson seconded the motion, and all members present voted aye. 2