2009-11-19 Board of Ethics Minutes

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d. Counsel's Report Regarding Matters and /or Inquiries Received by the Board, including: (1) Gift Disclosure Statement received from Gary Sirman of the Workforce Investment Board, reporting that no gifts were received. (2) Petition 2009 -5 regarding the temporary hire of a retired employee. Ms. Schoen explained that she had sent a letter to the petitioner for Petition 2009 -5, and had provided copies to the Board members, in which she explained why the Board would not hear the petition and giving the petitioner an opportunity to petition the Board should he disagree with her assessment. The Chair noted the petition was moot, as the respondent was no longer employed by the County or on contract with the County. In addition, the letter allowed for the petitioner to respond if he disagrees with the findings of the letter. Ms. Schoen said that Section 2 -91.2 of the Code makes it clear that the County is not prohibited from hiring former officers or employees on a temporary contract basis to perform their duties. Motion and vote: Ms. Nicholson moved to accept and file the letter and the petition. Ms. Gentry seconded the motion, and all members present voted aye. 6. UNFINISHED BUSINESS a. Discussion on Mayor Kenoi's proposed amendments to the Ethics Code. The Chair stated that they were hoping to have more public input at this meeting, but that they were accepting written testimony until December 4, 2009. He said the Board was in an information - gathering stage at this time. Ms. Nicholson asked whether there was a way to encourage more public comments, and Ms. Schoen explained that public notices were posted in both island newspapers. The notices also stated that the Board would be accepting written, faxed, or emailed testimony until December 4, 2009. At this point, no written testimony was received. She said the Board could decide to run another notice in the papers, but given the lack of response for this meeting, it may not be necessary. The Chair said he wanted to wait until December 4 was past, which would be before the Board's next meeting, and then discuss any written or verbal testimony received. They did receive some public input at a prior meeting. At the next meeting, the Board could discuss the proposals and responses in detail. He would like the Board to provide the Mayor a response by early next year, and their February meeting may be the date to finalize their response. The Chair asked Kevin Dayton, who was present, if he had any update from the Mayor. Mr. Dayton said he had no update and that the timeline sounded fine. The Chair said to pass the timeline on to the Mayor and if it was not acceptable to him, the Board could try to finalize its response sooner. 7