2010-04-14 Board of Ethics Minutes

Home

b. Communication No. 2010 -022 Letter to J Yoshimoto, Chair, Hawaii County Council, from Board of Ethics' Chair John Dill, re: Mayor's Ethics Proposals. Ms. Schoen advised the Board that she appeared at the Hawaii County Finance Committee meeting on April 6, 2010 and explained to the Committee members that over the course of the last few months, the Board had deliberated and subsequently submitted its own version of proposals regarding changes to the Ethics Code. The Committee indicated to Ms. Schoen that they wanted to hear the Board of Ethics proposals in conjunction with the Mayor's proposals. Ms. Lum stated that as is evidenced from the public testimony received today, the far - reaching ramifications and real -life circumstances have not been addressed. Ms. Schoen stated that at this point, there isn't anything else for the Board of Ethics to pursue and that it is up to the County's legislative branch to pursue the issue. Motion and vote: Ms. Lum moved to accept and file the communication, Mr. Henricks seconded, and all members present voted aye. 6. UNFINISHED BUSINESS a. Counsel's report on the status of the Board's proposed changes to the Ethics Code. Ms. Schoen informed the members that the attempt by City and County of Honolulu Ethics Commission to pursue administrative fines for ethics violations has failed. Therefore, Ms. Schoen proposes that the Hawaii County Code be amended to provide an appeal procedure for imposing administrative fines. The County Council issued an ordinance to allow this Board to impose administrative fines, but State law needs to be followed first. The members discussed the alternatives and processes to pursue administrative fines, cease and desist orders, failure to abide by the cease and desist orders, and the ability to pursue an appeal of an ethics violation fine, pursuant to Hawaii Revised Statutes Section 46 -1.5 subsection 24(A) and 24(F). An appeal provision would need to be included in the Hawaii County Code. The appeal would then go to the Third Circuit Court. Ms. Schoen indicated that she is determining whether to prepare documentation regarding submitting such an amendment to the Hawaii County Code. The process would be that the board would go through a contested case hearing to issue the fine, and an appeal of the imposition of a fine would be made to the Third Circuit Court under Chapter 91, Hawaii Revised Statutes. Motion and vote: Ms. Lum moved to enter into Executive Session for the review of confidential financial disclosures. Mr. Henricks seconded the motion, and all members present voted aye.