2012-12-12 Board of Ethics minutes

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MR. BALSIS: Thank you, RJ. MS. HAMPTON: Ethics. MR. BALSIS: Does anybody here have any questions for RJ? MR. HISASHIMA: No. MR. BALSIS: RJ, I must say that I do agree that, as an individual, that to come out and lie and to manipulate words, especially in a high position, is wrong. But I’m sorry to say, but we have—at least as far as my opinion, and I’m going to refer to counsel for a minute—we no longer have jurisdiction over Mr. Blas. Counsel? MS. SCHOEN: Mr. Chair, you’re correct. The Hawai‘i County Code of Ethics only applies to officers and employees. Mr. Blas is no longer an officer and employee, so you don’t have jurisdiction over him. Additionally, there is a Hawai‘i Supreme Court case entitled John Doe vs. State Ethics Commission, 53 Hawai‘i 373, where the Supreme Court actually enjoined the Ethics Commission from considering a complaint, making an investigation, and prosecuting a charge with respect to an individual that was no longer employed by the State. MR. BALSIS: With that in mind, and no longer having jurisdiction over Mr. Blas, even though we can agree with the type of statements and things that RJ has mentioned before us, the chair moves that we dismiss this petition based on having no jurisdiction over Mr. Blas. MR. HENRICKS: I second the motion. MR. BALSIS: There’s a second to the motion. Is there any discussion on this matter? Hearing no discussion, I’ll call for a vote. All those in favor of the dismissal of Petition No. 2012-07, say aye. MR. HENRICKS: Aye. MR. HISASHIMA: Aye. MR. BALSIS: Aye. The decision is unanimous. Thank you, RJ. b. Petition No. 2012-08: Initial review of petition alleging that a County officer violated Section 2-83(b) (under fair treatment) of the Code of Ethics when the officer, “in conspiracy with others, illegally obtained and used $10 million dollars of the people’s money for the sole advantage of Bank of Hawai‘i, First Hawaiian Bank, and/or a RICO Enterprise of the ‘old boy network’ and/or ‘unmentionables.’”