2010-09-08 Board of Ethics Minutes

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charter, they are encharged with only interpreting the Maui Board of Ethics - -or the Maui Code, that is - -as we are encharged with interpreting the Hawai `i County Code. So presently there is no appeal process that I know of within the Board of Ethics system. L UM: There is no other venue. BALSIS: No other venue. LUM: That can interpret our Hawai `i County Code. BALSIS: Yes. HEAUKULANL• Madame Chair, I second the motion to dismiss on timeliness. LUM: Sorry. So the discussion -- continuing discussion. HEAUKULANI: I wish the petitioner were here so I could ask questions, but he's not here. L UM: He did give us his phone number. We could try to call him if you have a specific question for him, or we could just DILL: Madame Chair, if I might, the petition that's SCHOEN: - -I -- DILL: - -I was just going to reference the SCHOEN: --But since you recused yourself, I would recommend that you not participate in any discussion and deliberation that the Board makes. DILL: Thank you, I'll keep my mouth shut. Sorry. L UM: For information, the rule of necessity is that when there is no one else to act on a matter, no matter whether somebody feels there might be a conflict or something, the Board has to act because there is no other. I don't think in this case we really have any conflict, but I just wanted to have those things brought up to underline that we were empowered as a Board to act on that petition that's already been decided. So we have a motion on the floor. Is there any further discussion? Do you want to read the motion back, Mary? Do you have it? Just the first part, probably. Timely. SECRETARY: I would like to move that based on the timeliness as dictated in our rules, which governs us, that we dismiss the petition. L UM: Okay, and we have a second with Mr. Heaukulani. Is there any further discussion? Okay, all in favor of the motion, vote aye. BALSIS: Aye. 5