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2009-09-23 Board of Ethics Minutes
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2009-09-23 Board of Ethics Minutes
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CHAIR: Any of the Board members feel that they can't have any issues with these <br />disclosures? Ms. Naeole's side, any issues with these disclosures? <br />UDOVIC: I have none. <br />CHAIR: Okay. And then before I proceed, just a reminder to everybody that this Board <br />deals directly with the County of Hawai `i Board of Ethics and the codes therein. <br />Constitutional issues are out of our scope, but you referred to the Board of Ethics, or the <br />Code of Ethics, in your petitions, so let's look at that. Please proceed. Sorry. <br />FOLENA: That's okay. I understand that the I want to say this formally into the <br />record, that I understand that the Board of Ethics of the County of Hawai `i deals with <br />issues pertaining only to the Code of Ethics of the County of Hawai `i, Chapter 2, Article <br />15, Section 2 -83, in this case subsection (a)(3) and (b)(5). My first two addendums and <br />I'm not an attorney, and I'm not a professional, and my typing's pretty darn bad, so I <br />apologize for the poor typing had to do with constitutional law and case histories that <br />I'd researched doing Google. I do understand that now, that this is just background and <br />that's why I did enter and file the Summary Addendum, which is more to the point of how <br />you people do rule, and how you vote. The Summary Addendum contains verbatim <br />listings of a total of 14 violations to the Code of Ethics on the part of Mrs. Emily Naeole. <br />Thirteen of these violations and they're in chronological order thirteen of these <br />violations on the part of Emily Naeole occurred on 16 June 2009 during the County <br />Council meeting held in Kona, videoconferenced Waimea and Hilo. Mrs. Naeole was the <br />only council member present in Hilo at that time. Mr. Smith and I were present in the <br />Hilo room along with quite a few other testifiers and members of the public who did not <br />testify. I think just about everybody that sat there did testify. During that time, Mrs. <br />Naeole expressed herself in ways that we find completely in violation of the Code of <br />Ethics which, by the way, does follow HRS, Hawai `i Revised Statutes, which in turn <br />follow federal law. And this subsection here, Section 2- 83(a)(3), says all persons shall be <br />treated in a courteous, fair, and impartial manner. And I'm going to do my best to be <br />brief so that you will understand why we think this is serious enough to bring it to the <br />Ethics Board. We don't want to go into a court of law with this. We want this nipped in <br />the bud. We want your vote and your opinions in the direction and in agreement with our <br />petitions so thatMrs. Naeole will be confined, we hope, by verbiage from the chair, J <br />Yoshimoto, after your opinions are given to the chair, which I believe they are, are they <br />not? <br />CHAIR: Um hmm. <br />FOLENA: Correct, okay to confine her comments to a secular, within a secular nature, <br />and to please stop mixing church and state. There are two very good reasons for that. <br />When church interferes with government, it opens the door for government to interfere <br />with church. I don't I said this before in my testimony I don't faultMrs. Naeole for <br />her Christian belief. I don'tfault anyonefor anyone's belief, because I'm a universalist <br />in nature. I feel that people walk their own path and as long as they do that with respect <br />to everyone else's path in our country, the United States ofAmerica, everyone is <br />empowered to do so, so this all persons shall be treated in a courteous, fair, and <br />15 <br />
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