2010-07-14 Board of Ethics Minutes

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Ms. Lum questioned whether they could vote on approval of the March minutes, as two members who had been on the Board at that time had since left the Board due to expiration of their terms, and newest member Arne Henricks had not been at the March meeting. Ms. Schoen said she had researched the matter and determined that unless there were corrections to be made, the Board could approve the minutes. In addition, minutes requiring no correction did not actually require a motion to approve them. Motion and vote: Ms. Lum moved to accept and file the March 10, 2010, Regular Session minutes. Mr. Henricks seconded the motion, and all members voted aye. Minutes of the April 14, 2010, Regular Session. Motion and vote: Ms. Lum moved to approve the minutes, Mr. Henricks seconded the motion, and all members voted aye. 4. NEW BUSINESS a. Counsel's Report Regarding Matters and /or Inquiries Received by the Board, including: 1) Communication No. 2010 -052 regarding sale of Hamakua lands. LUM: Okay, and that is a communication rather than an actual petition? CHAIR: Right. SCHOEN: Yes. We had this Board had earlier approved the procedure whereby whenever we receive communications or inquiries by the Board, that we would have the Board would do an initial review of the matter unless it was complied specifically with the Hawai `i County Code and our rules. And so this morning what the Board is tasked to do is to determine whether or not this Board has jurisdiction over the matter asserted in the communication, whether or not this Board needs more information, or whether or not it will not hear the matter and dismiss it. CHAIR: Okay. L UM: Well, I have found all of this extremely interesting and educational, and heart- breaking at times. We as a Board are tasked to interpret our Code of Ethics, and the only things that we are able to act on in our capacity not as human beings and not as personal people, but as members of this Board are things that are in our Code. And it's my thinking that the section referred to, Section 2 -85.1 about contracts this is not that kind of contract, that that when it's 2 -85.1, it also includes the parts before it. And these are contracts with it's my understanding they refer to contracts made by the county that, for goods and services contracted with another officer in the county. And this of course is the county is trying to contract, although it's still unsuccessfully, with outside parties. I don't see where we have any authority to act. How about you? 13