2009-10-14 Board of Ethics Minutes

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CHAIR: Okay, so basically we'll be using your proposals as a guideline and a template to gather information from the community and to discuss proposed changes amongst ourselves, and then make a recommendation to the County Council for changes that we find are needed? MAYOR: Correct, Mr. Chairman. I just think this is the beginning of the process. We're not representing that as the only proposal that should be considered, but that we welcome your suggestions and recommendations, your review, and exactly as you've discussed and enumerated the process that is exactly what we're looking for. CHAIR: And just to clarify, you had requested we hold some public hearings to gather some input from the public. Would it be acceptable if we hold that in this forum, with our monthly meetings, and then advertise that we will be discussing and gathering information from the public on these proposed changes? MAYOR: Yes, Mr. Chairman, that would be acceptable. We're not asking our community volunteers to give up additional time just to post notice, adequate notice, before each of your next hearings to gather input from a wide cross - section of our community. CHAIR: Okay. MAYOR: Okay. CHAIR: Thank you. MAYOR: Thank you, Mr. Chairman, and thank you to all of you who agree to serve our community and the County of Hawai `i. Aloha. CHAIR: Thank you. Aloha. Okay, moving on with public testimony, I have Joyce Folena. Good morning. FOLENA: Good morning, Mr. Chairman and members of the Ethics Board. I'd like to comment on Mayor Billy Kenoi 's most recent statements, and I am absolutely in favor of what he said, with a caveat in addition, that if in this coming legislative session, which I believe begins in January of 2010, the new legislative okay, if the legislators choose not to repeal that law that confines the County to create an appeals agency instead of using the Third Circuit Court, that I want the County to, at that point, if necessary, do create the County appeals agency. I want to take his statements one step further and open the door for both of the contingencies. If I repeat if the state legislature decides not to repeal that law and the County then is at the same point it's at today in 2010, then the County, please, does create the appeals agency so that Resolution 08 -57 will be adopted into the Ethics Board's rules of procedure, therefore making that particular Resolution 08 -57 effective, and giving the Ethics Board the power to fine impose and collect fines from County officials found in violation of the Code of Ethics. And I do understand that there is a contingency attached to the fining that the County official then would have had to have gone through a formal opinion, not an informal opinion, I