2009-10-14 Board of Ethics Minutes

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FOLENA: -- That's why we're -- CHAIR: - -and sometimes it's a struggle to find where we can apply the Code to certain behaviors. And this is a classic case. Yes, I think there was something that went wrong. I think we can all agree that it's not behavior that behooves council members, but it's difficult for me to find exactly how it applies to the Code and where in the Code it applies to. And maybe that's why we're trying to look at these proposed changes and look at maybe ways that we can make the Code a little bit more user friendly for the folks of the public. Yes, Ms. Gentry, you want to say something? GENTRY: Well, the behavior falls under the section the section under (3) CHAIR: - -2 -83 GENTRY: --yeah, all persons shall be treated in a courteous, fair, and impartial manner. CHAIR: But Ms. Naeole wasn't throwing the pen at anybody. Correct, Ms. Naeole? Yeah. GENTRY: That may be so CHAIR: - -Yeah GENTRY: - -That may be so, but courteous people don't go around flinging pens. So CHAIR: True. GENTRY: Whether it beat one person or any particular thing. So that could be viewed, regardless if it was directed atone person or no one in particular that's not courteous behavior. And also —are we in general discussion, or are you still taking questions? CHAIR: We can do either one, whatever you want. You can just discuss. GENTRY: Okay. Also, in review of our Code, I see no mention to the word of timely, that petitions need to be filed within a time period. It can be filed at anytime. CHAIR: I think our rules state something about six years or something? SCHOEN: That's correct, Mr. Chair. 2 -86, subsection (b), when it's conduct of someone other than a third party's asking about the conduct of another person, they can bring that claim within six years. GENTRY: So untimely doesn't qualify here. It is timely. It is within the six years. CHAIR: That's a long time. 14