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MR. BALSIS: I move that we dismiss Petition 2011-04 in that we did not see a specific <br />violation of Section 2-83(a)(3) and Section 2-83(b). <br /> <br />MR. HENRICKS: I second it. <br /> <br />MR. BALSIS: Call for a vote? <br /> <br />MR. HENRICKS: All in favor? <br /> <br />MR. BALSIS: Aye. <br /> <br />MR. HISASHIMA: Aye. <br /> <br />MR. HENRICKS: Aye. <br /> <br />d. Petition No. 2011-05: Initial review of petition alleging that an officer <br />conspired to deprive Petitioner of his constitutional rights, in violation of <br />Sections 2-83(a)(3) and 2-83(b) of the Hawai‘i County Code of Ethics. <br /> <br /> <br />MR. BALSIS: On Petition 2011-05, the complaint here is specifically targeted to <br />attorney Jay T. Kimura. I understand that from the statutes that the ethics committee—or <br />statutes and also court law, if I’m correct—does not have jurisdiction over a former <br />employee. <br /> <br />MR. COLE: You are incorrect. <br /> <br />MS. SCHOEN: Mr. Chair, the Hawai‘i County Code of Ethics, pursuant to Charter and <br />Hawai‘i County Code, states that the Ethics Code is only applicable to officers and <br />employees of the county. Mr. Kimura is no longer an employee of the county, so this <br />board does not have jurisdiction over him. Additionally, the Hawai‘i Supreme Court has <br />held that the State Ethics Commission had no jurisdiction over a former employee, and <br />that’s found at—state it for the record—I don’t have the exact site, but it was Doe vs. <br />State Ethics Commission. And so this board has no jurisdiction over Mr. Kimura as a <br />former employee. <br /> <br />MR. BALSIS: Based on that information, I would move that we dismiss— <br /> <br />MR. HENRICKS: --Why don’t we have some discussion on that? <br /> <br />MR. BALSIS: Okay. <br /> <br />MR. COLE: Do I have discussion? <br /> <br />MR. BALSIS: Yes, Mr. Cole. <br /> <br />MR. COLE: Yes, first of all I’d like to point out that this petition was filed last year, <br />apparently, and was heard in January. At that time the board had dismissed itself, but I <br />filed the petition when he was in fact a public official, under this jurisdiction. The <br /> <br />15 <br /> <br /> <br />