2009-12-09 Board of Ethics Minutes

Home

4. COMMUNICATIONS a. Communication No. 2009 -91: Memo from the County Clerk attaching Resolution No. 249 -09, which declares the County of Hawai`i's "commitment to sustainability principles by setting a path toward implementation of the policies developed by the Mayor's Green Team." Motion and vote: Ms. Gentry moved to accept and file the communication, Ms. Nicholson seconded the motion, and all members voted aye. b. Draft Informal Advisory Opinion regarding Petition No. 2009 -10 (heard at the Board's November 19, 2009, meeting and alleging 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 "). Motion and vote: Ms. Gentry moved to adopt the draft, and Ms. Nicholson seconded the motion. They, Mr. Martin, and the Chair voted aye. Ms. Lum abstained. C. Draft Informal Advisory Opinion regarding Petition No. 2009 -11 (heard at the Board's November 19, 2009, meeting and alleging that a County officer or employee violated Section 2- 83(a)(3) of the Code of Ethics (regarding fair treatment) by violating his "constitutional right to petition the government by abridging my ability to speak at a public meeting [while allowing] others to speak even on items not on the agenda "). Motion and vote: Ms. Gentry moved to adopt the draft, and Ms. Nicholson seconded the motion. They, Mr. Martin, and the Chair voted aye. Ms. Lum abstained. d. Draft Informal Advisory Opinion regarding Petition No. 2009 -13 (heard at the Board's November 19, 2009, meeting, wherein Petitioner sought an opinion from the Board on whether her employment with the County of Hawaii is in conflict with her serving on the State Elections Commission.) Ms. Schoen informed the Board that although it was not discussed at the meeting on November 19, 2009, she had added a paragraph to the draft opinion suggesting that the Petitioner, should she find herself in a situation where her interests may conflict, come back and seek an opinion from the Board. She felt the Board may wish to caution all employees or officers who seek opinions that conflicts could arise if situations change. She asked whether the Board would want that as standard language in such opinions, and they did. Motion and vote: Ms. Gentry moved to adopt the draft opinion, and Ms. Nicholson seconded the motion. They, Mr. Martin, and the Chair voted aye. Ms. Lum abstained. e. Communication No. 2009 -95: Letter from the Board to the Petitioner in Petition No. 2009 -12, rejecting the petition on jurisdictional grounds and 2