2009-09-23 Board of Ethics Minutes

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S. d., subsection (2) there, Counsel's Report Regarding Matters and/or Inquiries Received by the Board, including incomplete and/or moot petitions filed with the Board, if any. Well that's really a loaded gun right there, this concept of moot petitions. And if this Board gets into sticky territory, I can see how there 's just so much political pressure to declare something moot and be done with it, and have it over with. Though it depends how you're using the word here ifyou're trying to draw a legal conclusion and say that issue is legally moot, that's a big, powerful thing to do there. And I think that the public really needs to be careful about that, that we don't have an Ethics Board that ends up dismissing matters using the buzzword it's moot, the matter is moot. And thanks, that's all. CHAIR: Thank you very much. Up next we have Shelby Stephens. Ethical sales of lands. L tW.- CHAIR: Ethical sales of lands. Ms. Stephens? If you could make sure that your testimony relates to the agenda items. STEPHENS: Okay. All right, is it on? Okay, I believe I can relate this to Petition No. 2009 -8, because it involves sales of any lands within Hawai `i. And I just wanted to make sure, when it comes to property in Hawai `i and I'm going to actually relate this to Hamakua sales, as the first speaker had talked about that I just want it on record that the County of Hawai `i must not sell stolen property that they know is stolen, nor should they purchase property for open space and other things on their agenda that is also stolen and cannot prove clear title. The title search should have raised major ethical issues and red flags concerning stolen property but was ignored until citizens pointed out discrepancies. The sale auction ofMahele lands, especially those proven to be stolen while the queen was in prison, is unethical on behalf of the Corporate Counsel, the County Council, and the Mayor, because it perpetuates the belligerent occupance of the Hawaiian people's land base, subsistence, and traditional cultural properties. Royal patents, kuleanas, and other Mahele lands are not actually subject to illegal taxation, and CHAIR: Excuse me, sorry to interrupt. We don't have that issue on our agenda. I know you're trying to relate it to Petition No. 2009 -8, but you're speaking specifically of the Hamakua land sales STEPHENS: - -Well, I'm actually speaking specifically for ethical transactions within the County Council, and that it's unethical for any member of the County to sell stolen property. That is my main point. CHAIR: I hear you, but it doesn't relate to anything on the agenda. What you said can go on record STEPHENS: - -Okay, thank you. 7