2009-11-19 Board of Ethics Minutes

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Motion and vote: Ms. Gentry moved to file the communication, Ms. Nicholson seconded the motion, and all members present voted aye. b. Communication No. 2009 -83: Letter to the Board dated 10/9/09, clarifying that the writer does not believe members of the Ethics Board are in "Safarik's camp as reported in the Hawaii Tribune - Herald," and regarding Board member Diane Gentry. Ms. Gentry commented that the letter is not her statement and asked when it was received. The secretary informed her it was received on October 22, 2009. Ms. Gentry noted that the letter was untimely, as it was received after the Board's October 14, 2009, hearing regarding Ms. Naeole. She said that at that hearing, there was no objection made by Ms. Naeole, Ms. Naeole's attorney, the petitioners, or any Board member to her participation in the matter. Ms. Gentry said the last comment of the letter seemed to bear ill will towards her as an individual, but that she would move to close the matter. Motion and vote: Ms. Gentry moved to file the communication, Ms. Nicholson seconded the motion, and all members present voted aye. C. Communication No. 2009 -84: The High Road publication by the Hawaii State Ethics Commission, October 2009. Motion and vote: Ms. Nicholson moved to accept and file the communication, Ms. Gentry seconded the motion, and all members present voted aye. d. Communication No. 2009 -87: Memo to Honolulu Mayor Hannemann from Charles Totto of the Honolulu Ethics Commission dated 10/27/09 regarding Hawaii Council of Mayors, Legislation (S.B. No. 531 and H.B. No. 626, Clarifying County Ethics Agencies' Process for Imposing Civil Fines). The Board asked Ms. Schoen if they needed to take any action on this communication. Ms. Schoen said it was provided for informational purposes and that the Board has already submitted testimony in support of the legislation. She said that Mr. Totto has also informed her that Mayor Hannemann and the Hawaii Council of Mayors will be supporting the legislation. Motion and vote: Ms. Nicholson moved to accept and file the communication, Ms. Gentry seconded the motion, and all members present voted aye. e. Draft Informal Advisory Opinion regarding Petition No. 2009 -9 (heard at the Board's October 14, 2009, meeting, and regarding the pen- throwing incident at the June 2, 2008, Council meeting). Motion and vote: Ms. Gentry moved to accept the opinion as drafted, Ms. Nicholson seconded the motion, and all members present voted aye.