2009-11-19 Board of Ethics Minutes

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5. NEW BUSINESS a. Petition No. 2009 -10: Petitioner alleges that a County officer or employee violated Section 2- 83(a)(3) of the Code of Ethics (regarding fair treatment) by treating a council person "in an unfair and biased manner, based on the fact that she opposed his opinion." CHAIR: For this petition, we'll be represented by Ms. Adrianne Heely from Maui Corp Counsel. Thank you for joining us. HEELY: Good morning, Mr. Chair and members of the Board. Happy to be here again to assist you. CHAIR: Good to see you. And this is the way we're going to handle it. I'll ask the Board if they need further information regarding this in order to make a decision. If they do, we'll allow which side, whatever side that needs to provide that information, come up and provide that testimony or answer some questions. Then, once the information is gathered, the Board will go into deliberations and come up with a decision, if they're ready to do so. So with that being said, have we, all of you the three of us received the information and the response to petitioner from Mr. Ashida? Did you get a chance to review that? NICHOLSON: Um hmm. CHAIR: Do you need further information to render an opinion on this, make a decision on it, or even to accept it at all? (Both Ms. Nicholson and Ms. Gentry shook their heads.) CHAIR: No? Okay. I've had the chance to look over this a few times, and my opinion is that it just doesn't qualify for us to even make a decision on. My recommendation is that we reject this petition number 2009 -10 from Mr. Pranke regarding Mr. Lincoln Ashida. I don't think there was any willful malice that was done, and I think PRANKS: --Have you looked at the video? CHAIR: Hold on. I saw your response. I don't think I need to look PRANK-E: -- You're trying to squeeze me out. I brought the evidence. CHAIR: That's great. I don't need to see it, personally. PRANK-E: Okay, fine. You've made your decision CHAIR: --Board members? Hold on PRANK-E: - -based on in