2010-10-13 Board of Ethics Minutes

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REES: That's true, and I'm also stating that there may be a conflict here where when in general I'm making my statement when any petition comes forward that may inherently allege a penal offense, regardless of whether it is an infraction, a misdemeanor, or even a felony, I think that the Board needs to take into consideration, are we going to do something that's going to get in the way of a proper penal proceeding, with all of the constitutional safeguards that are afforded properly? And as you know, those vary between violation and misdemeanor. In this case I understand it's a county ordinance, so I know it would be a misdemeanor or less, but nevertheless, misdemeanors are very serious offenses. And the nature of what's been alleged here I would hate to see someone just say, my attorney tells me not to answer that question. It almost makes a mockery of your positions here. So okay, enough said. Thank you very much. CHAIR: All right, thank you. Any other statements from the public on agenda items? Okay, moving on to Item No. 3, approval of minutes from our September 8, 2010, regular session. 3. APPROVAL OF MINUTES Minutes of the September 8, 2010, Regular Session. Motion and vote: Mr. Balsis moved to approve the minutes, Mr. Heaukulani seconded the motion, and all members voted aye. 4. COMMUNICATIONS Communication No. 2010 -073: dated 9/30/10 from Council Member Dennis "Fresh" Onishi to the Board, requesting that it review and resubmit comments and recommendations regarding Bill 230, relating to the Code of Ethics. The Chair and Ms. Lum explained to the newer Board members how the Board had been approached by the mayor some time ago to review his ethics proposals, and that the Board had met, studied, and discussed the proposals over several months. They had also solicited public testimony and input. They came up with a response, which was sent to the mayor and council. The Chair said it appeared that Mr. Onishi wanted the Board to take another look at the proposals, since several new members had been appointed. Since the recent members may not have had the opportunity yet to review the proposals and the Board's original response, the Chair asked them to do so and to provide their comments and input at the next meeting. Ms. Lum asked if the newer members had any questions of her and the Chair, since their proposals differed from the mayor's. Mr. Heaukulani said that from what he had read so far, he agreed with the Board's original decision that the mayor's proposals were too restrictive. He said he would vote against the bill if he were a council member. rd