2009-08-12 Board of Ethics Minutes

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a better definition would be helpful. It is a problem in that it is a great burden on the staff to go through all the public commentary and review all the action, and for the Council to hear public testimony when there is a call put out on an issue. He said there should not be a restriction on public commentary, but when he looked at the definition of lobbyist, he realized that records are supposed to be kept on who they are. He said he could make a list of a dozen people who fall squarely under the rules but are not registered, which is why he brought the matter to Mr. Goodenow's attention. People need to be aware that they are expected to participate by registering. Ms. Nicholson said it would be hard for the Board to craft a definition of lobbyist and that it might be easier for the County Clerk's Office to do so, since they deal with this matter. It may also be helpful to provide several examples of lobbyists on the instruction form so that people could recognize whether they fall into that category. . The Board agreed that the threshold question is whether a person is paid to lobby. Most people do not get paid, regardless of what their organization may spend on an issue. Ms. Gentry asked Mr. Goodenow if he recommended that organizations register, and he said the County Clerk's Office does not advocate for one thing or the other, but he would like the Board's help in making things clearer for the public. Ms. Nicholson said that rather than change the Code's definition of lobbyist, it would be helpful to provide examples of lobbyists. If, however, an unpaid spokesperson who lobbies for an organization were to be considered a lobbyist, then the definition would need to be worked on. Ms. Gentry pointed out that when lobbying is on a matter pending before the Council, the issue would often be completed within a few months. Although the lobbying may be intense, it would not meet the registration criteria if there is no compensation. She suggested the County Clerk explore doing workshops and provide the Board with feedback on the public's response. If it appeared that clarification was needed, the Board could move in that direction. Mr. Goodenow said his office would work on the lobbyist instruction sheet to include examples and get back to the Board. Motion and vote: Ms. Lum moved to approve the recommended changes to the lobbyist registration form and instructions prepared by Levi Hookano. Ms. Nicholson seconded the motion, and all members present voted aye. Ms. Lum told Mr. Goodenow that the Board would like to see the updated form when it comes out, and Mr. Goodenow said he would send it to the Board for final approval. b. Further discussion on the requirements and purpose of gift disclosure statements, and further review of the Gift Disclosure Statements received from Council - members Brenda Ford, Peter Hoffmann, Donald Ikeda, Emily Naeole, and Dennis Onishi.