2012-07-11 Board of Ethics minutes

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investigation on its own. She directed the board’s attention to HCC Section 2-86(b), which says that the board itself may petition for an informal advisory opinion on alleged violations of the code by an officer or employee. Rule 5.2 set out the procedure to follow in order for the board to conduct its own investigation. They would need a resolution supported by a majority of the board, and it would need to define the nature and scope of the inquiry being made. The rule also states who can conduct the hearing and what the board can do once it conducts the investigation, which would basically be to issue an informal advisory opinion or to conduct a formal hearing. Mr. Dill asked whether they needed to specify a formal or informal investigation under a resolution. Ms. Schoen said the rule specifies that the investigation is to be done in an informal manner. The board would also have the power to subpoena witnesses and documents. Upon completing the informal investigation, however, the board could decide to conduct either an informal or formal hearing. Mr. Dill said he would entertain a motion from the board to agendize for the next meeting a resolution to initiate an informal investigation, with the resolution to be prepared by counsel and the details provided therein. Motion and vote: Mr. Hisashima so moved, Mr. Heaukulani seconded the motion, and all members present voted aye. c. Discussion regarding amendments to the Board of Ethics Rules of Practice and Procedure. Ms. Schoen explained that she is working with Mr. Balsis regarding amendments to the board’s rules. She said if anyone has any suggestions on changes or amendments to the rules, to provide them to her and she can work with Mr. Balsis, and they’ll come back to present the proposed changes to the board. She asked that the board members keep this in the back of their minds. d. Review of Gifts Disclosure Statements received from (1) Fred Blas, (2) Brenda Ford, (3) Pete Hoffmann, (4) Donald Ikeda, (5) Candace Kekaualua, (6) Stephen Lopez, (7) Dennis Onishi, (8) Noralyn Pajimola, (9) K. Angel Pilago, (10) Brittany Smart, and (11) Dominic Yagong. Ms. Schoen reminded the board that the rules say the disclosures are to be reviewed for conflicts of interest or discrepancies. If none are found, the board usually accepts and files them. If a discrepancy is found, the board may advise the officer/employee about it and provide opportunity for correction. A disclosure is not required to be filed if no gifts are received. Motion and vote: Mr. Heaukulani moved to accept and file the disclosures, Mr. Hisashima seconded the motion, and all members present voted aye. 6. UNFINISHED BUSINESS There was no unfinished business.