2011-07-13 Board of Ethics Minutes

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MR. COLE: For the record, my request to the board that they identify who the petitioner is and who the county or government official is that the petition is against. MR. BALSIS: In this particular case, the petitioner is Dan A. Cole, and you are making a statement that under provision section 2-83(a)(3) and 2-83(b), that both Corporation Counsel Lincoln Ashida—well, he conspired with John Dill to deprive a person of their state and federal constitutional rights. MR. COLE: I thank you. It is understood that the deprivation of state and federal constitutional rights would obviously be a violation of the Hawai‘i County Code of fair and equal treatment, is that so noted. Again, I point out that Chair Dill did in fact receive and use evidence of exculpatory nature that he refused to present to the public. In addition, the communications from Corporation Counsel Ashida and Deputy Corporation Counsel Ulic [sic: Udovic], I believe, representing Emily Naeole, were not placed in communications of the record, so I had no idea they existed, therefore depriving me of equal protections of the law and equal—and due process. The actions under Hawai‘i Revised Statute Section 764-707 is extortion, a public official acting in a manner, or not acting in a manner, in deprivation of a person’s rights, property, or services. The services I was presenting, as defined by the legal definition in Black’s Law, I was presenting testimony in violation of federal RICO acts and in violation of Hawai‘i state laws that place the health, safety, and welfare of the people in jeopardy. The actions of Mr. Dill, in conspiracy and secret, as a fiduciary obligation he had sworn to defend and protect the state and federal constitutions, constituted a conspiracy under Criminal Title 18 of the United States Code, 241, conspiracy against rights and deprivation of my constitutional rights and freedom to petition the government in redress of grievance, due process of law, equal protection of the laws, and in so doing denying me due process, denied the people equal protection of the laws, to be identified as to an imminent peril to their health, safety, and welfare of the altering of a federal waterway flowing into the Hilo harbor known as the Waiakea Stream. The conspiracy of Counsel Lincoln Ashida, knowing and knowingly as a legal person, in conspiracy with John Dill and with your sitting counsel, knowingly tried to prevent me from coming to the June 9 meeting of 2009 by obscuring the names in the agenda as you have done today and by obscuring the location, obscuring the fact that I wasn’t given an agenda. I have called the same similarities that an investigation by the Office of Information Practices was opened. It’s now been two years since that investigation has been opened, and no determination has been made that the counsel of this board still obscures into the agenda meetings the name of the petitioners, the names of the county officials so accused, therefore depriving the people of Hawai‘i transparency in government. I am sure that should there have been the names of Nancy Crawford, Prosecuting Attorney Jay Kimura, Lincoln Ashida, John Dill, placed into the agenda, there’d have been more people here who would want to have known why. The obscuring of this is also a violation of the United States Code as accessory after the fact. So the actions of Mr. Dill, in conspiracy with Counsel Ashida and in conspiracy with the sitting board members at the time and Renee Schoen, sitting counsel at the time, constitute a conspiracy and actions, patterns, and history, in violation of the federal RICO Act. Therefore, the deprivation of my rights as equal and fair treatment, I am requesting that a formal hearing be held so that testimony may be taken, subpoenas may be issued, and interrogatories submitted. 5